#退休后还打工吗#
Retirement is a problem that everyone faces. However, there is no accepted answer to whether you can continue to work after retirement. Everyone will make different choices depending on their retirement status as well as local policies.
Scenario 1: I am retired, but I want to continue working
If you have completed your retirement and started receiving your basic pension, your employment contract with your former employer will end and you will no longer be able to work as an ordinary employee. Article 41 of the Labor Contract Law of the People's Republic of China clearly stipulates that an employee's employment contract shall be terminated when the employee reaches the statutory retirement age.
But that doesn't mean you can't keep working. You can choose to sign a labor contract or re-employment agreement with your original employer or another employer, and as a worker, you can enjoy a pension and get a salary at the same time, thus increasing your source of income. In this case, the relationship between you and the employer is not an employment relationship, but a labor relationship, and the content, time, place, remuneration, etc. of your work need to be determined through negotiation between the two parties, and there is no uniform standard or standard.
However, you should also know that there are certain drawbacks and risks associated with doing so. First of all, the social security system will no longer be provided, social security will no longer be provided, which will have an impact on your health insurance as well as the increase in your retirement pension. Second, the labor rights of the employee are not protected by law, the employer can terminate the labor contract at any time, and the employee cannot engage in labor arbitration or litigation, and you will be in a disadvantageous position in the event of a dispute. Therefore, when signing an employment contract or reemployment agreement, it is important to read these terms carefully and understand your rights and responsibilities to avoid being in an unfavorable situation.
Scenario 2: You have reached retirement age, but you have not yet retired
If you have reached the statutory retirement age, but have not yet gone through the retirement procedures and have not enjoyed the basic pension insurance, the labor contract relationship with the original employer still exists, and you can still enjoy the relevant wages and benefits as an ordinary in-service employee, and at the same time continue to pay social security contributions. Article 41 of the Labor Contract Law of the People's Republic of China stipulates that an employee shall terminate the employment contract at the statutory retirement age, but the employment contract may be renewed upon consensus.
In this case, the relationship between you and the employer is an employment relationship, and you are protected by the labor law, and if you are unwilling to go through the retirement procedures or meet other statutory termination conditions, the employer cannot unilaterally terminate the employment contract with you on the grounds that you have reached retirement age. Your work content, time, place, remuneration, etc. are in accordance with the provisions of the labor contract, and your labor rights are protected by law. picture
But, you have to know, there are conditions for doing so. First of all, before hiring, you need to ask the employer's permission, if the employer does not agree, you have to go through the retirement procedures, otherwise it will be considered illegal, and it will also have a great impact on your work evaluation and benefits. Secondly, to meet the employer's job position and work performance, if there is a reduction in work ability and work efficiency, the employer has the right to adjust your job position or terminate the employment contract, but these must be carried out in accordance with the legal procedures and rules. So, when you decide whether or not you want to continue working, be sure to take your health into account.
The third scenario is if you have reached the statutory retirement age, but there are special local policies and rules that allow you to postpone or retire early.
You can then decide whether to continue working or retire according to your own requirements and circumstances. In this case, you should consult with the local social security department or employer to understand the relevant policies and regulations, and understand the relevant application and approval procedures.